'Alarming Delays In Reports From Forensic Science Labs': High Court Forms Panel To Look Into Functioning Of FSL's In Punjab & Haryana
9 months, 2 weeks ago

'Alarming Delays In Reports From Forensic Science Labs': High Court Forms Panel To Look Into Functioning Of FSL's In Punjab & Haryana

Live Law  

The Punjab & Haryana High Court has constituted a three-member committee to look into the functioning of the Forensic Science Laboratories across the States of Haryana and Punjab, specifically focusing on the inordinate delay and lapses that have been repeatedly coming to the notice of this Court during the hearing of multiple cases. Justice Manjari Nehru Kaul said, "The mandate of the Committee would include identification of underlying administrative and technical causes leading to delays in the preparation and submission of reports by the FSL. "it is imperative to address a critical issue that has been repeatedly brought to the notice of this Court regarding the alarming delays in the preparation and despatch of Forensic Science Laboratory Reports, which significantly affects criminal cases, particularly those under the NDPS Act." Meanwhile, the present bail petition was pending, the Trial Court granted default bail to the accused.

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History of this topic

District Judiciary's Reluctance In Granting Bail Burdens High Courts, Hierarchical Court Must Introspect: Punjab & Haryana High Court
3 days, 21 hours ago

District Judiciary's Reluctance In Granting Bail Burdens High Courts, Hierarchical Court Must Introspect: Punjab & Haryana High Court

Live Law  

While granting bail to a man booked for offences under the NDPS Act, the Punjab & Haryana High Court observed that district court's reluctance in granting bail burdens the High Court, delays hearing of matters like appeals, revision and it is for the "hierarchical court" like the high court to "introspect". Such reluctance exacerbates the burden on High Courts, where …

UAPA | Error In Order Extending Time For Investigation No Ground For Default Bail When Chargesheet Has Been Filed : Supreme Court
1 week, 4 days ago

UAPA | Error In Order Extending Time For Investigation No Ground For Default Bail When Chargesheet Has Been Filed : Supreme Court

Live Law  

The Supreme Court recently set aside an order of the Punjab and Haryana High Court dated May 12, 2023, for granting default bail under Unlawful Activities, 1967 on grounds that the accused persons should benefit from default bail in the absence of lack of competent order whereby time was extended for the investigation agency to file chargesheet. A bench of …

Threatening witnesses: Plea in High Court seeks Nawab Malik's bail cancellation
1 month, 1 week ago

Threatening witnesses: Plea in High Court seeks Nawab Malik's bail cancellation

India Today  

A petition has been filed in the Bombay High Court seeking cancellation of the interim bail granted to former Maharashtra minister and NCP Ajit Pawar faction leader Nawab Malik in a money laundering case. He was granted bail by the Supreme Court on medical grounds in July till the disposal of the regular bail plea pending before the Bombay High …

After Kejriwal, Supreme Court Grants Interim Bail To Another PMLA Accused For Contesting Elections; Clarifies Order Not To Be Treated As Precedent
1 month, 2 weeks ago

After Kejriwal, Supreme Court Grants Interim Bail To Another PMLA Accused For Contesting Elections; Clarifies Order Not To Be Treated As Precedent

Live Law  

After granting similar relief in Arvind Kejriwal's case, the Supreme Court today granted interim bail to one Subhash Prasad Yadav - accused in a money laundering case - for the purpose of contesting Jharkhand Assembly elections. A bench of Justices Surya Kant and Ujjal Bhuyan passed the order in Yadav's challenge to a Patna High Court order. Apparently, Yadav filed …

Bail granted to CGST officer, 2 others as CBI fails to file chargesheet
1 month, 2 weeks ago

Bail granted to CGST officer, 2 others as CBI fails to file chargesheet

Hindustan Times  

MUMBAI: Observing that the Central Bureau of Investigation failed to file a chargesheet within 60 days after arresting the accused, a special CBI court on Tuesday granted default bail to Central Goods and Services Tax superintendent Sachin Gokulka and two other co-accused, arrested by the agency earlier for allegedly threatening and demanding a bribe of ₹60 lakh from a Malad-based …

High Court Allows Bail Despite Lack of Forensic Report in NDPS Case
2 months ago

High Court Allows Bail Despite Lack of Forensic Report in NDPS Case

Live Law  

The Calcutta High Court has allowed the application for default bail in an NDPS matter to proceed despite the fact that the chargesheet was filed without a forensic report within the 180-day limit stipulated by the law. The court held that the petitioner became entitled to statutory bail upon expiry of the 180-day period, as the charge sheet was filed …

When Can Second/Successive Plea For Pre-Arrest Bail Be Granted Under BNSS? Punjab & Haryana High Court Explains
3 months, 2 weeks ago

When Can Second/Successive Plea For Pre-Arrest Bail Be Granted Under BNSS? Punjab & Haryana High Court Explains

Live Law  

The Punjab & Haryana High Court has observed that for a successive anticipatory bail petition to succeed under the BNSS, the petitioner is required to show substantial change in circumstances and "a mere superficial or ostensible change would not suffice. The Punjab & Haryana High Court has observed that for a successive anticipatory bail petition to succeed under the BNSS, …

Bombay High Court grants default bail to 2 PFI members
5 months, 1 week ago

Bombay High Court grants default bail to 2 PFI members

The Hindu  

A division bench of judges comprising, Justice Revati Mohite-Dere and Justice Gauri Godse of the Bombay High Court granted a default bail to Momin Moiuddin Gulam Hasan alias Moin Mistri and Asif Aminul Hussain Khan Adhikari who were accused of being the Popular Front of India members. On September 22, 2022, five men: Mazhar Mansoor Khan, Shaikh Sadik Isak Qureshi, …

Kavitha seeks ‘default bail’ in CBI case
5 months, 2 weeks ago

Kavitha seeks ‘default bail’ in CBI case

New Indian Express  

NEW DELHI: BRS leader K Kavitha on Monday submitted a default bail application before the Rouse Avenue Court contending that the Central Bureau of Investigation failed to file a complete chargesheet within the mandated 60-day investigation period in the Delhi excise policy-linked corruption case. Special Judge Kaveri Baweja has directed the central agency to file its response to the plea, …

Allahabad High Court Grants 'Default Bail' To 11 Alleged AQIS-JMB Operatives Booked Under UAPA
7 months, 1 week ago

Allahabad High Court Grants 'Default Bail' To 11 Alleged AQIS-JMB Operatives Booked Under UAPA

Live Law  

The Allahabad High Court on Tuesday granted 'default bail' to 11 alleged operatives of AQIS and JMB under Section 167 CrPC while holding the Special Court's orders extending the time to complete the investigation vis-a-vis the accused in the case as 'illegal', as the same was passed in their absence. Stressing the special court's duty to hear the accused persons …

Default Bail Can't Be Claimed On Ground That Investigation Is Pending Against Other Accused: Supreme Court Sets Aside Bail To Wadhwans In DHFL Case
11 months ago

Default Bail Can't Be Claimed On Ground That Investigation Is Pending Against Other Accused: Supreme Court Sets Aside Bail To Wadhwans In DHFL Case

Live Law  

The Supreme Court today set aside the default bail granted to DHFL promoters Kapil Wadhawan and Dheeraj Wadhawan in the case related to the alleged multi-crore loan scam. Setting aside the concurring findings of the High Court and the Trial Court, the Bench of Justices Bela Trivedi and Pankaj Mithal noted that Kapil and Dheeraj Wadhawan cannot claim the statutory …

Karnataka High Court Calls For Explanation From Trial Court Judge Who Failed To Comply With HC Directions To Conclude Trial By January 2023
1 year ago

Karnataka High Court Calls For Explanation From Trial Court Judge Who Failed To Comply With HC Directions To Conclude Trial By January 2023

Live Law  

The Karnataka High Court recently called for an explanation from the Trial Court for not obeying its direction of disposing of a criminal case registered against a man charged with the death of his wife, under Section 498A and 306 of the Indian Penal Code. Notably, although the Trial Court had been directed to dispose of the case within 31st …

Bail Plea Cannot Be Turned Into Recovery Proceedings Against Accused: Punjab & Haryana High Makes Interim Bail Absolute In Cheating Case
1 year ago

Bail Plea Cannot Be Turned Into Recovery Proceedings Against Accused: Punjab & Haryana High Makes Interim Bail Absolute In Cheating Case

Live Law  

The Punjab & Haryana High Court has observed that in cheating cases where bail is sought by the accused, the Court cannot impose a condition to deposit the allegedly misappropriated amount before granting bail. Acknowledging the ruling of the Supreme Court in Dilip Singh v. State of Madhya Pradesh and another Justice Suvir Sehgal granted interim bail and said, "no …

[NDPS Act] Merely Filing FSL Report With Chargesheet Not Ground To Cancel Default Bail, Special Reasons Must Be Shown: Punjab & Haryana HC
1 year, 3 months ago

[NDPS Act] Merely Filing FSL Report With Chargesheet Not Ground To Cancel Default Bail, Special Reasons Must Be Shown: Punjab & Haryana HC

Live Law  

The Punjab and Haryana High Court has made it clear that the mere filing of an FSL report with the chargesheet in a NDPS case will not be a ground to cancel default bail granted to an accused.Justice Deepak Gupta observed, ".it is made clear that merely filing the FSL report along with the challan in itself will not be …

Punjab & Haryana High Court Grants Bail To Man Accused Of Having Links With Pakistan Intelligence, Creating Communal Tension In Punjab
1 year, 3 months ago

Punjab & Haryana High Court Grants Bail To Man Accused Of Having Links With Pakistan Intelligence, Creating Communal Tension In Punjab

Live Law  

The Punjab & Haryana High Court has granted bail to a man accused of having links with agents of Inter-Services Intelligence of Pakistan, who was allegedly targeting people for ransom in Punjab for creating communal tension.Observing that further incarceration of the petitioner is not required, the bench of Justice Jagjit Singh Bedi said, "The veracity of the prosecution case against. …

Supreme Court Half Yearly Bail Digest 2023
1 year, 4 months ago

Supreme Court Half Yearly Bail Digest 2023

Live Law  

Accused cannot be denied bail on the sole ground that the co-accused has not surrendered. State through CBI v. T. Gangi Reddy @ Yerra Gnagi Reddy, 2023 LiveLaw 37 : AIR 2023 SC 457 : 4 SCC 253 : 1 SCR 741 : 2023 INSC 44 Code of Criminal Procedure, 1973; Proviso to Section 167 - Grant of Default Bail …

When Victim Avoids Stepping Into Witness Box, Such Conduct Sufficient To Entitle Accused To Bail: Jammu & Kashmir High Court In POCSO Case
1 year, 6 months ago

When Victim Avoids Stepping Into Witness Box, Such Conduct Sufficient To Entitle Accused To Bail: Jammu & Kashmir High Court In POCSO Case

Live Law  

Granting bail to an accused in a POCSO case, the Jammu and Kashmir and Ladakh High Court has said that simply because the prosecutrix keeps herself away from appearing in court, the plea for bail cannot be deferred indefinitely. The accused was arrested in April 2020 and his first bail application was rejected by the trial court on the ground …

Further Detention Invalid If Extension Order For Submitting Final Report Under Section 173 CrPC Itself Is Set Aside: Punjab And Haryana High Court
1 year, 6 months ago

Further Detention Invalid If Extension Order For Submitting Final Report Under Section 173 CrPC Itself Is Set Aside: Punjab And Haryana High Court

Live Law  

The Punjab and Haryana High Court has held that further detention of an accused becomes unlawful if an order granting extension to submit the final report under Section 173 of the Criminal Procedure Code itself is overturned. The Investigating Officer sought an extension of time to submit the report under Section 173 of the CrPC, as the initial 180-day period …

Bail Can't Be Denied Solely On Seriousness Of Accusations, Specific Allegations Against Accused & Evidence Must Be Considered: HP High Court
1 year, 8 months ago

Bail Can't Be Denied Solely On Seriousness Of Accusations, Specific Allegations Against Accused & Evidence Must Be Considered: HP High Court

Live Law  

The Himachal Pradesh High Court has recently ruled that the court cannot deny bail based solely on the seriousness of the accusations and potential punishment and other factors, such as the allegations against the accused and available evidence, must be considered and balanced while deciding the application for bail. Observing that though, at this stage, the Court will not minutely …

Mere Registration Of FIR Against Accused When He Was On Interim Bail Does Not Amount To Breach Of Bail Conditions: Jammu & Kashmir High Court
1 year, 8 months ago

Mere Registration Of FIR Against Accused When He Was On Interim Bail Does Not Amount To Breach Of Bail Conditions: Jammu & Kashmir High Court

Live Law  

The Jammu and Kashmir and Ladakh High has recently clarified that the registration of an FIR against an accused does not constitute a breach of their interim bail conditions, as it is merely a preliminary step in the legal process and does not necessarily indicate criminal activity. When this information was brought to the attention of the Sessions Judge, the …

Accused Not Entitled To Default Bail When First Extension(Passed In Absence Of Accused) Wasn't Challenged & Second Extension Was Passed In His Presence : Supreme Court
1 year, 8 months ago

Accused Not Entitled To Default Bail When First Extension(Passed In Absence Of Accused) Wasn't Challenged & Second Extension Was Passed In His Presence : Supreme Court

Live Law  

The Supreme Court held that an accused cannot claim the benefit of default bail, when he did not challenge the first extension of time granted for investigation and the second extension was granted in his presence and when the chargesheet was subsequently filed within the period of extension.The division bench of Justice M. R. Shah and Justice C. T. Ravikumar …

Registration Of Other Cases Can't Be Sole Ground To Refuse Bail: Punjab & Haryana High Court Grants Relief To Retd Army Personnel In Fraud Case
1 year, 8 months ago

Registration Of Other Cases Can't Be Sole Ground To Refuse Bail: Punjab & Haryana High Court Grants Relief To Retd Army Personnel In Fraud Case

Live Law  

The Punjab and Haryana High Court recently granted bail to a retired army personnel, who had been imprisoned for nearly a year, holding that mere registration of other cases against the petitioner could not be taken as the sole material consideration for denying him bail. “Furthermore during investigation it has been found by the investigating agency that a sum of …

SC dismisses ED’s appeal against bail to DHFL’s Wadhawan in Yes Bank case
1 year, 8 months ago

SC dismisses ED’s appeal against bail to DHFL’s Wadhawan in Yes Bank case

Live Mint  

The Supreme Court has dismissed an appeal filed by the Enforcement Directorate against the Bombay High Court's decision to grant bail to Kapil Wadhawan and Dheeraj Wadhawan, former DHFL promoters, in a Yes Bank money laundering case. The legal issue had arisen during the hearing of an ED's appeal against a Bombay High Court order granting bail to the former …

[BAIL] Questions & Answers By Justice V. Ramkumar-Default Bail-PART-III
1 year, 9 months ago

[BAIL] Questions & Answers By Justice V. Ramkumar-Default Bail-PART-III

Live Law  

Q.11 The default period applicable for the offence is 60 days. Q.12 Is not the accused entitled to default bail on the expiry of the period under the proviso to Section 167 Cr.P.C even without a written application for bail? In Hussainara Khatoon v. Home Secretary, State of Bihar AIR 1979 SC 1369 – P. N. Bhagwati, D. A. Desai …

[BAIL] Questions & Answers By Justice V. Ramkumar-Default Bail-PART-I
1 year, 9 months ago

[BAIL] Questions & Answers By Justice V. Ramkumar-Default Bail-PART-I

Live Law  

Q.1 Has the accused an indefeasible right to “compulsive bail” i.e. 477 – 5 Judges - A. M. Ahmadi, J. S. Verma, P. B. Sawant, B. P. Jeevan Reddy, N. P. Singh - JJ; Union of India v. Thamisharasi 4 SCC 190 = 1995 KC 1189 - J. S. Verma, Sujata V. Manohar – JJ; Uday Mohanlal Acharya v. State …

Is Accused Entitled To Default Bail If Charge Sheet Found Defective & Returned For Curing Defects After Statutory Period? Kerala High Court Answers
1 year, 9 months ago

Is Accused Entitled To Default Bail If Charge Sheet Found Defective & Returned For Curing Defects After Statutory Period? Kerala High Court Answers

Live Law  

The Kerala High Court recently considered whether in cases where final report is filed within the statutory time limit of investigation, accused person’s entitlement for bail under Section 167 CrPC would subsist, if the charge sheet is found defective, and returned for curing the defects after the statutory time limit is over. Arun observed, "when faced with the Public Prosecutor's …

'Pseudo Police Report' Filed U/S 173 CrPC Cannot Defeat Right Of Accused To Default Bail: JKL High Court
1 year, 10 months ago

'Pseudo Police Report' Filed U/S 173 CrPC Cannot Defeat Right Of Accused To Default Bail: JKL High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently held that a 'pseudo police report' under section 173 CrPC, even if filed within time frame of section 167 CrPC, cannot be given legal sanctity to betray the statutory/default bail right of an accused in a case. Meanwhile, after passing of the order dated 21.02.2022 of return of the so called …

Supreme Court Disapproves Allahabad HC Dismissing Several Bail Applications On Same Day For Default
1 year, 10 months ago

Supreme Court Disapproves Allahabad HC Dismissing Several Bail Applications On Same Day For Default

Live Law  

The Supreme Court disapproved the dismissal of about 50 bail applications for default/non-prosecution in a single day by Allahabad High Court.The bench of Justice Ajay Rastogi and Bela M. Trivedi was disposing a plea challenging the High Court's order which dismissed a anticipatory bail application for non-prosecution.During the last hearing, it had sought a report from the Registrar of the. …

View That Default Bail Cannot Be Cancelled On Merits Will Reward Lethargic Investigation : Supreme Court
1 year, 11 months ago

View That Default Bail Cannot Be Cancelled On Merits Will Reward Lethargic Investigation : Supreme Court

Live Law  

The Supreme Court, on Monday, held that when special reasons are made out from the chargesheet and the chargesheet reveals commission of non-bailable crime, default bail granted to an accused under proviso to Section 167 CrPC can be cancelled. A case for cancellation of default bail can be considered by the court if - the defects for which default bail …

'Misconceived': Allahabad HC Dismisses PIL For 'Default Bail' To Rape Accused If Chargesheet Not Filed Within 2 Months Of FIR
1 year, 11 months ago

'Misconceived': Allahabad HC Dismisses PIL For 'Default Bail' To Rape Accused If Chargesheet Not Filed Within 2 Months Of FIR

Live Law  

The Allahabad High Court on Monday dismissed a Public Interest Litigation plea which prayed for a declaration that a rape accused may seek 'Default Bail', in case a chargesheet is not filed against him within two months of lodging of FIR. The Bench of Justice Manoj Misra and Justice Vikas Budhwar dismissed the plea for being ‘misconceived’ as it noted …

Got Certified Copy Of Bail Order To File Appeal After 55-Days: Bhima Koregaon Accused Surendra Gadling Justifies Delay In Default Bail Application
1 year, 11 months ago

Got Certified Copy Of Bail Order To File Appeal After 55-Days: Bhima Koregaon Accused Surendra Gadling Justifies Delay In Default Bail Application

Live Law  

Advocate Surendra Gadling an accused in the Bhima Koregaon – Elgar Parishad Caste violence case has approached the Bombay High Court against rejection of his default bail application by the Special NIA Court. According to the petition, soon after Gadling’s application for default bail under section 167 of the CrPC was rejected, his colleague Advocate P Larson filed an application …

MCOCA | Refusal Of Sanction To Prosecute Does Not Invalidate Extension Of Judicial Custody Given By Special Court: Bombay High Court
1 year, 11 months ago

MCOCA | Refusal Of Sanction To Prosecute Does Not Invalidate Extension Of Judicial Custody Given By Special Court: Bombay High Court

Live Law  

Once the court extends the judicial custody of an accused, the refusal of sanction to prosecute will not invalidate the extension of custody, the Bombay High Court has held while refusing to grant default bail in a case under the Maharashtra Control of Organised Crime Act, 1999. Though the petitioners applied for bail 30 minutes before the charge sheet was …

Accused Not Entitled To Default Bail Due To Non-Filing Of FSL Report Along With Chargesheet: Gujarat High Court
2 years ago

Accused Not Entitled To Default Bail Due To Non-Filing Of FSL Report Along With Chargesheet: Gujarat High Court

Live Law  

The Gujarat High Court has recently observed that an accused won't be entitled to default bail if the police have not filed an FSL report along with the charge sheet.The bench of Justice Samir J. Dave observed thus as it noted that a charge sheet filed without annexing the FSL report cannot be termed as defective or incomplete and thus, …

Application For Default Bail Filed Through E-Filing Valid, Cannot Ignore It For Want Of Physical Copy: Kerala High Court
2 years, 1 month ago

Application For Default Bail Filed Through E-Filing Valid, Cannot Ignore It For Want Of Physical Copy: Kerala High Court

Live Law  

The Kerala High Court on Thursday held that an application for default bail, filed timely through e-filing mode, cannot be ignored by the trial courts for want of production of physical copy of the same. The trial court had taken note of the judgment of the Kerala High Court in State of Kerala v. Muneer to hold that "even if …

Lakhimpur Kheri Case : Supreme Court Grants 2 Weeks Time To UP Govt To File Counter In Ashish Mishra's Bail Plea
2 years, 2 months ago

Lakhimpur Kheri Case : Supreme Court Grants 2 Weeks Time To UP Govt To File Counter In Ashish Mishra's Bail Plea

Live Law  

The Supreme Court on Monday granted two weeks time to the State of Uttar Pradesh to file a counter-affidavit to the petition filed by Ashish Mishra, the son of Union Minister Ajay Kumar Mishra, seeking regular bail in the Lakhimpur Kheri violence case. A bench comprising Justices BR Gavai and BV Nagarathna was considering the petition filed by Mishra challenging …

Mumbai Court Grants Default Bail To Man Of Chinese Origin Accused Of Running Int'l Racket Of Fraudulent Loan Apps
2 years, 2 months ago

Mumbai Court Grants Default Bail To Man Of Chinese Origin Accused Of Running Int'l Racket Of Fraudulent Loan Apps

Live Law  

A Mumbai court last week granted default bail to a man of Chinese origin who has been accused of being a part of an international loan fraud racket. The Court noted that offence under section 420 IPC which attracts punishment of up to 7 years and as per Sec 167, the police were required to file the charge sheet against …

Bail Can't Be Cancelled Without Giving Notice To Accused, Giving Him An Opportunity Of Being Heard: Allahabad High Court
2 years, 2 months ago

Bail Can't Be Cancelled Without Giving Notice To Accused, Giving Him An Opportunity Of Being Heard: Allahabad High Court

Live Law  

The Allahabad High Court recently observed that the cancellation of bail cannot be done without giving notice to the accused and giving him an opportunity of being heard. With this, the bench of Justice Ajai Kumar Srivastava-I sets aside the order of the Sessions Judge, Raebareli cancelling the bail granted earlier to Rajendra Kumar and 2 others in connection with …

S.437(6) CrPC | Bail May Be Granted If Case Triable By Magistrate Not Concluded In 60 Days From Commencement Of Prosecution Evidence: P&H High Court
2 years, 4 months ago

S.437(6) CrPC | Bail May Be Granted If Case Triable By Magistrate Not Concluded In 60 Days From Commencement Of Prosecution Evidence: P&H High Court

Live Law  

Punjab and Haryana High Court has reiterated that in terms of Section 437 of CrPC, bail ought to be granted where the trial in a case triable by Magistrate is not concluded within a period of 60 days after the first date fixed for the prosecution evidence. The observation was made by Justice Jasjit Singh Bedi while dealing with a …

Object Of Default Bail Inherently Linked With Article 21, Safeguards Accused's Life & Personal Liberty Against Arbitrary Detention: Delhi High Court
2 years, 4 months ago

Object Of Default Bail Inherently Linked With Article 21, Safeguards Accused's Life & Personal Liberty Against Arbitrary Detention: Delhi High Court

Live Law  

The Delhi High Court has observed that the object of default bail is inherently linked to Article 21 of the Constitution of India, laying emphasis on safeguarding the life and personal liberty of the accused against arbitrary detention.Justice Swarana Kanta Sharma made the observation while dismissing a revision petition filed by an accused in relation to a case registered under …

CBI court junks Anil Deshmukh's default bail plea in corruption case
2 years, 5 months ago

CBI court junks Anil Deshmukh's default bail plea in corruption case

India Today  

A special CBI court in Mumbai has rejected the default bail plea of former Maharashtra home minister Anil Deshmukh and his associates, Sanjeev Palande and Kundan Shinde, in a corruption case. They have filed an application for default bail stating that the chargesheet filed by the agency was incomplete and that the investigation was not complete. On Monday, after special …

Punjab & Haryana High Court Grants Bail To Woman Allegedly Involved In Pre-Natal Sex Determination Activities
2 years, 5 months ago

Punjab & Haryana High Court Grants Bail To Woman Allegedly Involved In Pre-Natal Sex Determination Activities

Live Law  

The Punjab and Haryana High Court has recently granted regular bail to a woman booked under the Pre-Natal Diagnostic Techniques Act, 1994, allegedly for accompanying the decoy witness to the place where the sex determination test was supposed to be conducted. After taking into consideration the facts and circumstances of the case, role played by the petitioner, along with the …

Subsequent Filing Of Chargesheet Can't Defeat Indefeasible Right Of Accused Who Applied For 'Default Bail': Allahabad High Court
2 years, 5 months ago

Subsequent Filing Of Chargesheet Can't Defeat Indefeasible Right Of Accused Who Applied For 'Default Bail': Allahabad High Court

Live Law  

The Allahabad High Court has observed that an accused gets an indefeasible right to 'default bail' if he makes an application after the maximum period for investigation of an offence is over, and before a charge sheet is filed. This assertion came from the bench of Justice Syed Aftab Husain Rizvi who held that an accused has an indefeasible right …

Anticipatory Bail Can Be Denied Solely For The Reason That Party Tried To Mislead Court: Punjab & Haryana High Court
2 years, 6 months ago

Anticipatory Bail Can Be Denied Solely For The Reason That Party Tried To Mislead Court: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court recently upheld a trial court's order denying anticipatory bail to an accused, solely on the ground that he had tried to mislead the Court by concealing facts regarding dismissal of his earlier plea. The bench comprising Justice Pankaj Jain observed, The bench was dealing with a case where the petitioner was seeking pre-arrest bail …

Unscrupulous Litigants Withdraw Anticipatory Bail Plea To Avoid Dismissal & File Successive Pleas, Waste Judicial Time: Punjab & Haryana HC
2 years, 6 months ago

Unscrupulous Litigants Withdraw Anticipatory Bail Plea To Avoid Dismissal & File Successive Pleas, Waste Judicial Time: Punjab & Haryana HC

Live Law  

The Punjab and Haryana High Court recently deprecated the practice of filing successive bail applications, without any adequate ground/ change in circumstances.It also voiced concern over the unfortunate trend being adopted by "unscrupulous litigants" in which anticipatory bail is argued and when the Court is about to dismiss the petition, in order to avoid a detailed adverse order, the. The …

Notices served on plea against bail to Ashish Mishra in Lakhimpur Kheri case
2 years, 9 months ago

Notices served on plea against bail to Ashish Mishra in Lakhimpur Kheri case

Hindustan Times  

The Supreme Court on Wednesday issued notices to the Uttar Pradesh government and Ashish Mishra -- the son of Union minister of state Ajay Kumar Mishra -- on a petition challenging the bail granted to him in the Lakhimpur Kheri violence case. The plea seeking cancellation of Ashish Mishra’s bail has been filed by Jagjeet Singh, Pawan Kashyap and Sukhwinder …

Supreme Court Grants Bail To An Accused On Ground Of Co Accused Being On Bail & Likelihood Of Trial Not Being Completed
2 years, 9 months ago

Supreme Court Grants Bail To An Accused On Ground Of Co Accused Being On Bail & Likelihood Of Trial Not Being Completed

Live Law  

Taking into consideration that the co accused who was on bail and there was no likelihood of the trial being completed soon, the Supreme Court recently granted bail to an accused who had been in custody since 2020.The bench of Justices LN Rao and BR Gavai granted bail in SLP assailing Punjab and Haryana High Court's order dated September 20,2021 …

S.82 CrPC Does Not Impose Any Restrictions On Filing Of Anticipatory Bail By Proclaimed Offenders: Punjab & Haryana High Court
2 years, 10 months ago

S.82 CrPC Does Not Impose Any Restrictions On Filing Of Anticipatory Bail By Proclaimed Offenders: Punjab & Haryana High Court

Live Law  

If the offence committed is punishable with less than seven years, is a bailable, non-heinous offence and the accused who is a first-time offender, has established a fair ground for not being present in court, to the court's satisfaction, then just the fact that accused has been a proclaimed offender will not bar him/her from availing the benefit of Anticipatory …

Addl Sessions Judge Treats Regular Bail Plea As Anticipatory Bail Plea: Punjab & Haryana High Court Calls It 'Serious' Issue
2 years, 11 months ago

Addl Sessions Judge Treats Regular Bail Plea As Anticipatory Bail Plea: Punjab & Haryana High Court Calls It 'Serious' Issue

Live Law  

The Punjab and Haryana High Court recently called into question a bail order passed by the Addl. Sessions Judge, Faridkot, treating a regular bail petition as an anticipatory bail petition, even when the accused had been in the custody at the time of filing the bail plea.Calling it a matter of 'serious concern', the Bench of Justice Jasgurpreet Singh Puri …

Punjab & Haryana High Court Grants Bail To Man Accused Of Offence Prima Facie Less Serious Than Co-Accused Who Are On Bail
2 years, 11 months ago

Punjab & Haryana High Court Grants Bail To Man Accused Of Offence Prima Facie Less Serious Than Co-Accused Who Are On Bail

Live Law  

If the role attributed to the accused in an offence is prima facie less serious than the role attributed to the co-accused who have been granted the benefit of bail under S.438 CrPC and under S.439 CrPC, and if the accused is a first-time offender, then he deserves an opportunity to course-correct and the opportunity of bail cannot be denied …

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